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· 7/3/2013

Dorchester Financial Securities, Inc. v. Banco BRJ, S.A.

Citations

  • 722 F.3d 81
  • 2013 WL 3335784
  • 2013 U.S. App. LEXIS 13586

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that courts may decide a motion to dismiss for lack of personal jurisdiction on the basis of affidavits alone or may conduct an evidentiary hearing
  • holding that to permit otherwise would be “inconsistent with the framework set forth in Ball [v. Metallurgie Hoboken-Overpelt, S.A., 902 F.2d 194 (2d Cir. 1990)]”
  • holding that courts weighing a motion to dismiss must rely on the facts presented by the plaintiff, “notwithstanding any controverting presentation” by defendants
  • holding that the court “need look no further” than the letter in which defendant “consented to ‘submit to personal jurisdiction in the City and State of New York for any claim or action arising from this transaction’” to establish personal jurisdiction
  • observing that a court may consider matters outside the pleadings in a jurisdictional dispute
  • explaining that at the preliminary stage before discovery, “‘the plaintiff’s prima facie showing may be established solely by allegations’” (quoting Ball v. Metallurgie Hoboken-Overpelt, S.A., 902 F.2d 194, 197 (2d Cir. 1990))

Source: CourtListener parenthetical corpus (CC0).

Judges: Cabranes, Wesley, Furman

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.